Who's Responsible When a Hotel Loses Your Luggage? You'd Be Surprised

Waiting for their room at the Trump SoHo, Manhattan, a couple left their bags with the hotel's concierge––when they returned, one bag was gone. Who was legally responsible for the over three-thousand dollar loss? You might be surprised.

Q:

In May, my wife and I checked into the Trump SoHo in Manhattan for a two-night stay. Our accommodations were not ready, so we left our five bags with the front desk clerk. Later that day, when we were shown to our room, my computer bag was missing. We called hotel security, and after watching surveillance camera footage with police and the security team for several hours, we spotted my bag being stolen from a lobby cart. The hotel’s director of risk management reassured me that the Trump SoHo would “make me whole” for my loss.

After returning home and replacing my laptop, iPad, and Kindle for a total cost of $3,307, I was told by the hotel’s insurance company that it would pay a maximum of $100—not exactly making me whole. I was going to submit a claim on my homeowner’s policy, but my insurance agent warned that my premium would definitely increase and I’d be responsible for the $1,000 deductible. I explained all of this to the director of risk management, who offered me a complimentary two-night stay the next time I’m in town. But I have no interest in going back. Can’t they at least credit me for the two-night stay at the time of the theft?—Paul Di Donato | South Bristol, Maine

A:

Unplugged vacations may be the latest trend, but this is not what Di Donato had in mind. When he contacted the Trump SoHo to request compensation for his losses, he was directed to its insurance company, where a claims adjuster told him that under New York State law, the hotel’s liability was limited to $100. But the relevant section of the state’s General Business Law, which the adjuster failed to mention, goes on to say, “unless it shall appear that such loss occurred through [the hotel’s] fault or negligence.” Given that hotel staff left the bag unattended in a busy lobby, Ombudsman was eager to take up Di Donato’s case to see if we could in fact do better.

When we contacted the Trump SoHo, its director of marketing said that the hotel’s “sincere efforts to follow up with Mr. Di Donato were stalled” when he chose not to communicate directly with the hotel and instead took his grievances to Ombudsman and shared them via social media. Ultimately, the Trump SoHo did reconsider the case and refunded Di Donato the entire cost of his stay, including a dinner that he charged to his room. Di Donato was satisfied with this resolution and has been reimbursed $1,574.11.

Ombudsman applauds the Trump SoHo for going beyond what its insurer maintained the law required. We wish more hotels responded to complaints as promptly as the Trump SoHo did in this case: The dispute was resolved just over a month after Di Donato first contacted the hotel.

The expensive lesson here is a reminder that hotels’ liability for theft, at least in the United States, is generally very limited. How limited depends on the state, with New York’s cap of $100 being especially ungenerous. (At the other end of the spectrum, in states including Alabama and New Jersey, hotels are liable for up to $5,000.) These limits don’t apply if a property fails to exercise reasonable care, which is arguably true in the case of Di Donato’s stolen bag. You can protect yourself by not handing over valuable possessions to be stored in a luggage room. Most hotels will not be as generous as the Trump SoHo was, and even if you are reimbursed for the cost of your electronics, the photos and files in them are irreplaceable. So whenever possible, leave the gadgets—and your worries—at home.

Ombudsman offers a free service of advice and mediation. Because of the volume of letters we receive, we cannot act in all cases.

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